United States Ninth Circuit

Sentence and conviction for conspiracy to distribute and to possess with intent to distribute methamphetamine, 21 U.S.C. sections 841(a)(1), 841(b)(1)(A), and 846, are: 1) affirmed as to conviction; but 2) vacated as to sentence where the district court erred in applying the twenty-year mandatory minimum sentence under section 841(b)(1)(A), because where a plea never ripens into either a final judgment or a legally cognizable sentence, there is no final prior conviction for purposes of section 841(b)(1)(A).

Appellate Information

• Decided 06/22/2012
• Published 06/22/2012

Judges

• TASHIMA

Court

• United States Ninth Circuit

Counsel